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In case your company is facing a legal notice, you are most likely to come across a document that is commonly referred to as an affidavit of service. It is a legal document that serves as proof of having received documents from the opposing party. These documents are common in court proceedings and help prevent the opposition from delaying court proceedings by pretending that they have not received the legal documents.

What is affidavit of service?

An affidavit of service refers to a sworn legal paper. It announces that the server has fulfilled his obligation to deliver the particular papers to the individual, business, or company as per the request of the party involved in the lawsuit. Whenever the affidavit of service is supplied to a collective, namely a group of people, a club, a company, or an association, it is addressed to the registered agent of the group.

The affidavit of service is usually prepared by a process server and can be acquired from the court as well as several different online sources. The affidavit of service tends to contain the below-mentioned information:

• Name of the individual served
• Date and time when the individual was served
• Place where the individual was served
• Manner in which the individual was served
• Detailed description of the documents served
• Name and signature of the process server

Once signed and served, the process server notarizes and submits the affidavit with the court along with a copy of the documents that were served.

Who signs the affidavit of service?

In the event of personal service, the affidavit of service is signed by a server or process server. Personal service means that the individual or legal entity is hand-delivered the copy of the complaint filed, accompanied by the court summons;

On the contrary, in case it is a service by publication, that is, when the complaint notice is published in the newspaper, an employee working for the newspaper signs the affidavit of service.

In case of service by mail, the individual who sends the documents signs the affidavit of service. In some cases, it is allowed for the attorney or the party that files the papers to merely add a statement referred to as the certificate of service. In this instance, the certificate of service does not have to be notarized.

Who is a process server?

The individual who is responsible for delivering the affidavit of service is usually called the process server. Such an individual could either be a law enforcement officer or they could also be privately hired. A process server can be anyone who:

• Is licensed to work as a server or process server
• Is appointed as a process server by the court in order to serve the required court documents
• Is hired by either party during a lawsuit for delivering the court documents. The services of a process server can be acquired for a fee which depends upon the urgency of the situation as well as the ease in locating the individual to be served.

Hiring a server is a crucial aspect and must be therefore done after thoroughly researching their background and reliability.

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Filing an affidavit of service

As soon as the process server files the relevant court documents, they become responsible for filing the affidavit of service with the local court in your state or county. This enables them to get confirmation on the proper service of the process. If this process is not handled with utmost care or is not done at all, the court proceedings face the risk of getting challenged or even dismissed for improper service of process.

Likewise, if it is proved that the affidavit of service form is fraudulent, your case might get dismissed. Even the process server runs the risk of getting subjected to a civil case for forging court documents, which is a serious criminal offense.

When is an affidavit of service required?

An affidavit of service comes to the rescue when you have to supply the proof of delivering legal documents required for court proceedings. The majority of the courts require the parties involved in a lawsuit to possess proof of service every time the relevant court documents are sent to the opposite party.

The affidavit of service is required in the following court proceedings:

• Summons: The order of the court that requires an individual to appear before the judge on the specified time and date.
• Complaints: This a court document filed by the plaintiff stating the harm experienced due to the actions of the defendant.
• Answer: This legal document is filed by the defendant in an attempt to challenge the claims of the plaintiff.
• Cross complaints: Legal documents filed by the defendant stating that they have experienced harm due to the plaintiff’s actions.
• Foreclosure notification: These documents are filed by a lender against the mortgage holder, informing them of default on their behalf.
• Divorce proceedings: The spouse legally files for a divorce from their partner by applying in the court of law.
• Order: This is a written decision by the judge impacting the proceedings of the court.
• Motion: These are actions requested from the judge by the party involved.

The affidavit of service is required in being able to prove that the above-mentioned documents have been delivered at the behest of the court. Even if the court does not demand it, you can use it to prove that the information has been delivered to the opposing party.

signing affidavit of service

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What is affidavit of service usage?

The affidavit of service is a powerful legal tool that is utilized in almost every civil court and is deemed necessary by the law. This affidavit can prove to be instrumental in proving the delivery of important documents to the opposite party in many different lawsuits like the following:

• Medical malpractice
• Personal injury
• Divorce settlements
• Real estate disputes
• Bankruptcy
• Professional misconduct
• Harassment
• Slander or libel
• Business disputes
• Copyright infringement
• Fraud

Following the filing of the complaint, the affidavit of service is a necessary element of all court proceedings. The next vital step is to hire a process server or you can even hire the server appointed by the court or suggested by your attorney.

What happens if you don’t have an affidavit of service?

There can be severe consequences to having an incomplete affidavit of service or not having an affidavit of service at all as it is unlawful. The inability to prove that the required documents were sent to the opposition can cause:

• The case to be dismissed
• Judgement in favor of the opposite party
• Contempt of court
• Significant damages like loss of custody rights, loss of property and possessions
• The proceedings to be suspended or postponed

There can be major financial and legal consequences if you fail to supply the proof of documents being delivered, as required by the court. In extreme cases, the contempt of the court can even lead to imprisonment. It is thus quite important to deal with the matters of court with the utmost discretion.

Tips to remember for an effective affidavit of service

Legal matters always make people nervous. You find yourself surrounded by a sea of questions especially when it comes to court documents. Drafting an affidavit might seem like a complicated task too, but it can be made easy if you keep a few simple tips in mind. Keep the following points in mind for drafting an effective affidavit of service:

• Remember the purpose of the affidavit
• Remember the relief sought from the affidavit
• Keep in mind the relevance and materiality of the affidavit
• Write the affidavit in the first person
• Do not include inadmissible documents
• Remember the evidence need from the affidavit
• Remove conjectures that weaken evidence from the affidavit
• Remove assertions from the affidavit
• Hearsay is inadmissible during a motion
• Carefully plan the structure of the affidavit

Templates of Affidavit of Service

Template #1

Court Name: ……………….

Claim no.: ………..

Address: …………………………………………………..

Phone no.: …………….

Between

…………. (Plaintiff’s name) ………………..

And

………… (Defendant’s name) ………………

My name is (Full name) ………………………………………………… I live in (Municipality &Province) ………………………………………………and I swear/affirm that the following is true:

1.    I served (Full name of the organization/person) ………………………., on (Date)……………., at (Address)…………………………………………….. with (Name of the document(s) served) …………………………………………….

2.    I served the document(s) referred to in paragraph one by the following method: ……………………………………………………. (leaving the copy with the person/office).

Service (at the place of residence/ registered mail/ by courier/ by fax) ……………………………………………

Sworn/Affirmed before me at (Municipality)……………………………………………….. in (province/ state/ country) …………………………………… on (Date) …………………………..

Signature………………….

Template #2

Civil Court: ………………

Index No.: ………………..

Petitioner: …………………………. ,

Against

Respondent: …………………………

I am over 18 years of age and not a party to this action. On (Date) ………………………… I served (Full name of the organization/person) ………………………………………… at (Address) ………………………………………….. The (Name of the document(s) served) ……………………………………..in this proceeding, by mailing a true copy of the attached papers, enclosed and properly sealed in a postpaid envelope. I deposited it in an official depository under the exclusive care and custody of the (Name of the Postal Services) ………………………………………….. addressed to (Name) ………………………………………………… at (Address) ……………………………………………………………………………….. Signature: ………………………………………………….

Sworn to before me this ………………………………………day of (Date)……………………………………………

Notary Public or Court Employee (Name of Process server) ……………………………………………..

Template #3

File no.: ……………………….

Court: ……………………………………

Applicant ……………………………………………………………

Respondent ……………………………………………………………

Other party (if applicable) ……………………………………………………………

1.Person serving documents (Full name) ………………………………………………………

Occupation……………………………………………..

Address …………………………………………………………………………………………………….

2.Person served (Full name) ……………………………………………….

3. Date the documents were served …………………………

4.What documents were served? …………………………………………………………………………………………………..

5. How were they served? ………………………………………………………………………….

6. How was the person served identified? …………………………………………………………

I swear/ affirm that the facts stated out above are true.

Sworn / Affirmed by the deponent at (address) ………………………………. on (date) ………./………../…………..

Signature of deponent ………………………………..

Signature of witness ………………………………………..

Full name of witness: ……………………………….

Qualification of witness: ……………………………….

Template #4

I (Full name) …………………………………………… Occupation: ……………………………………………… of (address)………………………………………………………. solemnly affirm that:

I served (name of the party/person served) ………………………………………………. on (date) ………………………………………… at (the address where service took place) ……………………………………………………………………………………….. with (documents served) ………………………………………………………………… by (how the service took place) …………………………………………………………………..

Signature (person who served the document(s) …………………………………………………

Sworn/ affirmed before me on (date) …………………………………. at (address) …………………………………………………………………………

Signature (of process server) ……………………………………………………………………..

Template #5

Court: ………………………………………

Index no. ……………………………

The undersigned being duly sworn attests and says:

(Name of the person serving papers) ………………………………………… is not a party to the action and is over (name of the person serving papers) 18 years of age. He/she resides at (complete address of person serving papers) ………………………………………………………………………………………. On (date of service) …………………………………………………………, the deponent served the within (name of document[s] served) …………………………………………………………………………………………upon (name of the person/corporation served) ………………………………………………………………………………………………………….. located at (the complete address where other party/corporation served) ………………………………………………………………………………………………………………………………………………………

(Select method of service)

o  Personal Service: by delivering a copy of the aforementioned documents personally; the deponent knew said person/corporation so served to be the person/corporation described.

o  Service by Mail: by depositing a copy of the aforementioned documents, in postpaid mail. The documents were in a properly addressed envelope in a post office or official depository under the exclusive care and custody of (Name of Postal Service) ………………………………………………………………………..

Signature of person serving papers ………………………………………………………….

Name ……………………………………………………………….

Sworn to before me this day of (date) …………………………………………

Notary Public Signature ………………………………………………..

In a Nutshell

Hopefully our detailed guide on “what is affidavit of service?” has answered all of your doubts, making legal matters a little bit easier to understand. Like any other court matter, having proof of delivering relevant information or documents is vital and can shift the verdict in your favor. Moreover, it is important to know that there are court rules and laws that are made to elucidate the details regarding how service must be made. They also clarify the type of documents that can be filed in order to substantiate proper service. If you still decide not to hire an attorney to guide you through the process, you must educate yourself completely on the laws that specifically apply to your case.